Energy Saving Ordinance
The current Energy Saving Ordinance is mainly a result of the ordinance issued in 2007 and the two amendments issued in 2009 and 2013. For new buildings, requirements are fixed concerning the yearly demand of primary energy and the performance of the building envelope; residential- and non-residential buildings are treated differently. For existing buildings, the ordinance contains requirements mainly for cases when the owner modifies the building. Only a few selected requirements are valid independent of modifications. Furthermore, the ordinance fixes requirements concerning building services (heating, domestic hot water, ventilation, air conditioning) for new and existing buildings. For new buildings and – on certain occasions – for existing buildings energy certificates have to be issued and presented. The quality of these certificates is the subject of an independent control system. It becomes compulsory to state certain energy performance indicators in advertisements when the building is offered for sale or rent.
The “Second Ordinance amending the Energy Saving Ordinance” came into force on 1st May 2014. Separate from the rest of the alterations, the strengthening of requirements for new buildings came into force later - on 1st January 2016 – and was combined with a reduction of the primary energy factor for electricity. The relevant level of requirements normally is determined by the date of application for a building permit.
In comparison to the previous status, on 1st May 2014 the following alterations came into force:
- Change of calculation standard DIN V 18599; henceforth the 2011 version has to be applied. This means changed climatic conditions and a moderately lowered primary energy factor for electricity.
- An amended calculation standard has to be applied for summer heat protection as well.
- The legal basis for a simplified method to calculate new residential buildings (“EnEV easy”) was established, but the official bulletin of the Federal Government necessary for the application was not issued before 21st October 2016, representing the (strengthened) level of requirements valid at this later date.
- Conditional requirements are (for economic reasons) henceforth not valid for alterations concerning roof-, wall- and ceiling-surfaces constructed or refurbished later than 31st December 1983 paying regard to the respective energy performance requirements.
- The conditional requirements include an alternative clause that the requirement is met as soon as the available space is filled with insulation material. Henceforth, the heat conductivity of the insulation material has to meet a strengthened value reflecting the state of the art.
- Certain boilers now have to be shut down after 30 years of service.
- An independent control system for energy certificates is established; certificates henceforth have to be registered and are numbered. The same applies to inspection reports for AC systems.
- The obligations to issue and display energy certificates in case of buildings used by authorities are adapted to changed EU regulations. If a certificate is issued for certain private buildings frequently visited by the public, from now on the energy certificate has to be displayed.
- Certain energy performance indicators from the energy certificate of the building have to be included from now on in property advertisements in commercial media.
Status from 1st January 2016
The following provisions of the “Second Ordinance amending the Energy Saving Ordinance” came into force from 1st January 2016:
- The requirements on the maximum yearly primary energy demand of a new building are strengthened by the provision that it has to be 25 percent lower than the respective value calculated for its reference building.
- For electricity henceforth a lower primary energy factor is applied. This reduces the effect of the strengthened primary energy requirement for electric systems.
- The maximum specific transmission heat loss of a new residential building is limited to the value calculated for its reference building. Normally, this means a strengthening by 20 % in relation to the former level.
- The maximum average heat transmission coefficients of a new non-residential building are strengthened by 20 percent in relation to the respective former values.
- Special provisions in article 9 of the ordinance have the effect that for extensions and other calculations concerning existing buildings (e. g. in case of alterations) the previous state of legislation is applied instead of the new strengthened level of requirements for new buildings.